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ORDINANCE NO. 772 (1978 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
MUNICIPAL CODE ARTICLE IX, CHAPTER 2, ZONING REGULATIONS,
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 15th day of August , 1978,
on motion Of Councilman Councilman Jorgensen , seconded by Councilman Dunin and
on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, :Settlesand -Mayor?Schl arstzo~ �7�';,: _
NOES: None
ABSENT: .Councilman Petterson
ATTEST:
C -o erk .H. itzpatrick
0 772
ORDINANCE NO. 772
Approved as to form:
f
By Allen Grimes
drs
8/8/78
Approved as to content:
City Administrative Officer
=�\ cw.,h
Community Divelopmel Director
CHAPTER 2 - ZOIIIG REGULATIONS
SECTION 9200.1. DEFINITIONS
For the purpose of these regulations, certain terms used herein are defined
as follows:
A.ccessorv:
A use or`tructure subordinate -or incidental to a permitted use or structure.
Buildine:
Any structure having a roof.
Director:
The Director of Community Development or his designated representative.
Drive -In Restaurant:
Any premises with o.ff- street parking and upon which premises are located res-
taurann, 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.
F.duc: ti.on Conference Facilitv:
A buil.din„ or group of buildings designed to accommodate educational conferences.
Said facilities stall 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,
mecting.s, conventions, and'group tours.
E'ntert< °_tht
,7hich provide for the assembly of people for the .purpose of passive
retreat:, L, such ns theaters and concert halls.
>
P. n"" f.
h
Heil -ht of P,uildin�,:
The vertical disLance from the average level of the highest and lowest point of
that. po -Lion of t-he lot covered by the building to the topmost point of the roof.
Eo :.e OCCI;TD.3tiOn:
Gain�ui.employr,,ient engaged in by the occupants of a. &!elling, subject to the re-
quirements of Sec. 9200.16.2, entitled "Home Occupations."
Hotel!':ote1:
A bu,ildino, 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 parcel of real property with a separate and distinct number or other desig-
nation sho:m on a plat recorded in the office of the County Recorder; or
L. 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
righ = -of -way or other access approved by the Planning Commission and-held
under.separate ownership from abutting property.
Net Acrea ge:
Lot area exclusive of streets, alleys and common driveways, but including utility
easements, individual private drives, yards and setback areas.
`;on- conforming Lot:
A lot t<�ving less area or dimension than that required in the district in which
it is Tocated and which was lawfully created prior to the zoning thereof, whereby
tI e lar.�c r area or dimension requirements were established, or any lot, other
-han 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 -wav and which was lawfully created prior to August, 1966.
?rivate Lodzes u Clubs:
:a non - profit association of persons who are bona fide members paying annual dues,
•::inch owns, hires, or :leases a building, or portion thereof, the use of such
i":emiscs being r:- -_! ;tricted to members and their guests. No persons other than a
i•tc, .:ber or guest of a member accompanied by a member :.,hall be permitted to use
2
an; faciAi y of any club. A building occupied by and
for stuc.ents af.filtaced with an Institution of higher
cifically excluded. If it is upon use permit approva
food or - lcoholic beverages on the premises, such use
the p.ri -;:ry use of the building and shall comply with
ordinances and laws..
maintained exclusively
learning is hereby spe-
1 permissible to serve
shall be incidental to
all applicable codes,
Par'. {in^., Snace:
An -cccessible and useable space for the parking of automobiles off the street
.:rich complies with the requirements of Section 9200.16.1, entitled "Parking
Regularicns."
Studio :�oartrlent
A studio laparcment 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 11- 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
Yard, Other:
That area e:�tending along any property line which does not adjoin a stree -t.
3
2. Cornices, c;i es, roof overhangs, trellises,. beams, and other Similar roof
P; -oj ect L�ns ;Md chimneys, bn.' windows,' patios and other similar architec-
tural projections ma}I extend or project into required yards according to
'Ehe follo,.:ing chart:
T •pe of Y:_rd Projection Allowed
Street One -third of the required yard tc a minimum
of five (5) feet.
Other Yards Six (6) inches for each one (1) foot of
required yard.
3. �,Therever a building g setback line has been established, street yards shall
Lc measured from such line.
F.— HEI(;il'I 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
planting shall not exceed
the following height limits:
a. Three (3) feet upon any
street property line
increasing evenly to six
(6) feet at the back of
the required street yard.
Jiagrarrl A
TOR.. OF WALL,
FE�011.
HEDGE
ALTERNATE'
STREET R. O. 'A'. p!L STlEET TARO
(VARIES)
\
b. Three (3) feet within
any required yard with- \'\ diagram E
feet this. ty -f ive (35) . H HEIGHT
feet of the street NOT TO \.\
corners of any corner EXCEED Y -0' \
IN THIS AREA
lot. \
CURB
c. Six (6) feet within any other required yard.
Exceptions:
1. The specified heig})t may be exceeded in a street yard provided
a. use permit is obtained.
2. A hel >ht 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.
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SECTION 9200.16. G12N RAL REGULATIONS
r^.
Use permits, when required, shall be obtained according to Section 9200.17.
A. USrc,:
1. Mineral E:tit r. act ion :
Ni.nerals, 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.
�. Temporar.yUses:
Temporary.uses for periods not exceeding two years in undeveloped areas
and six mo:iths in developed areas may be conducted, provided a use per-
mit 3s approved.
3. Service Stations:
Service Stations arc permitted as specified in the Zoning Districts,
subject,to tine requirements therein and the following regulations,
provided that they may be varied by the_Plannin2 Commission to suit
individual circumstances where a use permit is required.
a. Ts;o thousand (2000) square feet of the .site to be landscaped wit::
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. OuCdoor storage and display to be limited to one hundred (100) square
feet in area.
I.. 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.
Ii. i)esi;gn of service stations proposed in C -T and C -N Districts to
be su'yiiii -ted for review with the use permit application.
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i
`iursc.uv -
:: ta.l.l nurseries are permitted in the .0 -N 'and C -R Districts subject to
the following regulations:
A. No bull: storage of fertilizer, soil, or other loose material, ex-
cept those packaged in containers.
L). No mechanical equipment to be stored except that used for the
operation of the nursery itself.
5. ?'ublic UrAli.ties:
;:ii�ut. ion facilities may be constructed in any.District pro-
-
taut. 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. Transnussion lines may be constructed in any District provided
the route is approved by the Planning Commission.
C. Other u*1manned 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
S i for each two (2) employees.
6. . S Fins ,
Signs.may be erected in any District subject to the limitations of
the Sign Regulations.
i3. NO:+C_ONFORMING USES:
l.. 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.
`i0 ?; CONFOR•tING L_ OTS :
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 :nly after being resubdivided., in conjunction with contiguous
property, into a lot which meets city standards.)
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i� i� r 1k, 1�
2. A .lot zoned residential and having
r.eq"ired by the Zoning Regulations
having _thn potential for resubdivi
property (as described in l.above)
in common with contiguous property
following circumstances:
less area, width or depth than
or Subdivision Regulations, and not
lion with commonly owned, contiguous
-- whether or not it has been held
,may be developed under the
a. Lots :-;.tth.aL 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 prescr.ibcd .
in the respective zones. 4-1 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 adjoinin& 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 having less area, width or depth.
than required by the Zoning Regulations or Subdivision Regulations may
be developed subject to the approval of a use permit by the Planning
Commission.
D. NONCON FORMING BUILDINGS:
1. A building which does not conform to these regulations (use, yards,
height, etc.) which.is damaged to an extent of more tKn 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.
T'
1. Vhere 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
K the improved 'lots if less than the street yard requirement herein.
77
SUBDIVINON OF DEEP LOTS:
Large lots in an f' -1 District whWh cannot be ,developed by the instal Iacinn n
a standard subdivision street, either alone or in conjunction with adjoining
properties, may bE subdivided in the following manner:
I 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 116) feet of pavement in
width and s,nil be considered a private road fully maintained by the
property o,ner 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.gf the'Phanning Commission may be appealed to the City
Council.
2. Procedure:
a. Appeals, including reasons for appeal, shall be submitted in writing
and filed with th.e 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 ?200.17.B.
3. Fec:
Tian. fees for :appeals to the Council shall he in such amounts as may be
d_ormined from .time to time by resolution of the Council.
:.e
I. DWELLING UNIT OCCUPANCY LIMIT
1. R -1 and PD Districts
A dwelling unit in an R -1 district or any residential district with a
PD - Planned Development combining designation shall not be occupied by
more than one family and two persons unrelated to the family, or by
more than three unrelated persons. A family is defined for purposes of
this section as persons related by blood, marriage, or adoption.
2. R -2, R -3, R -4 and R -H Districts
a. The occupancy limit for R -1 districts shall apply except that a
unit with two or more bedrooms may be occupied by not more than
four unrelated persons.
b. A dwelling unit may be occupied by not more than five unrelated
individuals upon obtaining Board of Adjustment approval of the
permit showing compliance with the following requirements:
I. At least three (3) off - street parking spaces shall be provided
unless otherwise authorized by the Board of Adjustments.
2. The parking location, layout, dimensions and access shall comply
with Section 9200.16.1, Parking Regulations.
3. The owner.shall permit Fire Department, Community Development
Department and Health Department inspections upon reasonable
notification
C. A dwelling unit occupied by six or more unrelated individuals shall
be considered a boarding or lodging house and may be permitted in
R -3, R -4 and R -H districts upon obtaining Planning Commission ap-
proval of a use permit prior to occupancy.
3. Responsibility for Compliance
Both the occupants and the owner of the dwelling unit shall be responsi-
ble for complying with the limits set forth in this section. A violation
of any of the Provisions-of this section shall constitute a misdemeanor
punishable in accordance with the provisions of Chapter 2 of Article 1
of-this-code.
drs
8/8/78
Rev. 8/16/78
Ordinance No. 772
FINALLY PASSED this 5th day of September , 19 78 ,
on motion of Councilman Settle seconded by
Councilman Jorgensen on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
ATTEST:
itzpatrick, CITY CLERK