HomeMy WebLinkAbout02-05-2019 Item 12 - Zoning reg follow up including Tiny Home energy efficiency Department Name: Community Development
Cost Center: 4003
For Agenda of: February 5, 2019
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Kyle Bell, Associate Planner
SUBJECT: ADOPTION OF AN ORDINANCE APPROVING FOLLOW-UP ITEMS FROM
THE CITY COUNCIL’S APPROVAL OF THE COMPREHENSIVE UPDATE
TO THE CITY’S ZONING REGULATIONS (TITLE 17 OF THE MUNICIPAL
CODE) INCLUDING TINY HOMES, ACCESSORY DWELLING UNITS
OWNER OCCUPANCY AND LOT COVERAGE REQUIREMENTS,
ELECTRIC VEHICLE PARKING, DOWNTOWN OVERLAY ZONE, AND
ADDITIONAL MISCELLANEOUS CLEAN UP ITEMS.
RECOMMENDATION
1. Adopt an Ordinance (Attachment A) amending the newly adopted Update to the Zoning
Regulations including five directional items from Council and miscellaneous items;
• Tiny Homes
• Accessory Dwelling Units (ADUs) Owner Occupancy Requirement
• Accessory Dwelling Unit Lot Coverage Requirement
• Climate Action Plan (CAP) - Electric Vehicle (EV) Parking
• Downtown Overlay Zone
2. Adopt the Addendum (Attachment B) to the Negative Declaration of Environmental Impact
DISCUSSION
On November 27, 2018, the City Council voted 5-0 to introduce an ordinance which amended
sections of the City’s Zoning Regulations, Title 17 of the City’s Municipal Code. The Council
modified t he proposed amendments with minor revisions as follows:
1) Section 17.158.014: Electric Vehicle (EV) Ready Space;
• Addition of the word “operational” to EV charging station.
2) Section 17.86.210: Recreational Vehicles – Use as Dwelling – Parked on a Private Lot
• Eliminate requirements for screening and skirting for tiny homes under Sections
17.86.210.E.1.d & 17.86.210.E.6.a.
• Section 17.86.210.E.1.b; Time Limit changed to:
Renewal. The Director shall renew the approval of a movable tiny home for a period of
three to five years upon receipt of a complete application and completion of an inspection
by the City to confirm continued compliance with the standards in this section.
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Item 12
On January 8, 2019, the City Council voted 5-0 to provide minor modifications to the ordina nce
to address energy efficiency for Tiny Homes on Wheels. The Council modified the proposed
amendments with the minor revision as follows;
3) Section 17.86.210: Recreational Vehicles – Use as Dwelling – Parked on a Private Lot
• Add new subsection 17.86.210.E.1.h for energy efficiency to read as;
h. Energy Efficiency. Applications submitted for tiny houses shall demonstrate that the tiny
home has been constructed to exceed ANSI energy standards through one of the
following methods:
i. Include insulation with values of R13 for the walls and R19 for the floor and ceiling;
or
ii. Ensure that the stud/joist/rafter space in the walls, floors and ceiling are completely
filled with insulation.
The Zoning Regulations Ordinance will become effective 30 days after its adoption.
Previous Council or Advisory Body Action
• November 27, 2018, City Council introduced the ordinance (5 -0)
• October 10, 2018, Planning Commission recommendation to the City Council (3 -1-3)
Policy Context
The Zoning Regulations Amendments are an implementatio n measure of the 2014 Land Use
Element update.
Public Engagement
The Zoning Regulations Update work program included a variety of public engagement
opportunities for the public to provide input on how to implement LUCE policies through the
Zoning Regulations. Public engagement activities specific to the proposed amendments (Tiny
Homes and Climate Action Plan implementation) included, but not limited to;
• City Council public hearing and action on the comprehensive Zoning Regulations Update
that included follow-up direction (August 21, 2018 and September 18, 2018)
• Two community workshops (June 3, 2017 and May 3, 2018)
NEXT STEPS
The amendments to the Zoning Regulations will become effective on March 4, 2019 (30 days
after adoption). Targeted workshops have been provided for City Staff, developers, and
customers to ensure clarity regarding the regulations that apply to various projects at different
stages of the application and permitting process.
The following projects are subject to the new code:
1. Planning or subdivision applications “deemed complete” on or after February 8, 2018;
2. Submittal of a complete building permit application on or after February 8, 2018;
3. Applicants may elect to have their projects processed under the provision of the new co de
even if their applications were deemed complete prior to February 8, 2018.
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ENVIRONMENTAL REVIEW
On September 16, 2014, the City Council certified the Land Use and Circulation Element
(LUCE) Final Program Environmental Impact Report (EIR) (State Clea ringhouse Number
2013121019) and adopted findings and a statement of overriding considerations pursuant to the
California Environmental Quality Act (CEQA). Pursuant to CEQA, the City prepared an Initial
Study/Negative Declaration (IS/ND) to evaluate the potential environmental effects of the
proposed Zoning Regulations Update. On August 21, 2018, the Council voted to adopt the
IS/ND, and provided direction for staff to revise and review specific items to be brought back to
Council after the Planning Commiss ion has provided a recommendation.
Pursuant to State CEQA Guidelines Sections 15164 and 15162, a subsequent environmental
document is not warranted because: 1) the proposed amendments would not result in any new
impacts not previously disclosed in the ado pted IS/ND and would not increase the severity of
any impact identified in the adopted IS/ND, 2) the circumstances under which the amendments
will be undertaken will not require major changes to the adopted IS/ND, 3) and the proposed
amendments do not require any new mitigation measures.
In accordance with State CEQA Guidelines Section 15164, an Addendum to the adopted IS/ND
has been prepared to address the current project, which includes the directional items identified
by Council and additional minor follow-up items (refer to Attachment B, Addendum to Initial
Study/Negative Declaration). As noted in the Addendum, the proposed amendments are minor
and none would result in increased density, size, or height than what was evaluated in the
adopted Initial Study/Negative Declaration; the proposed amendments would not result in the
development of future projects in any location beyond what is assessed in the adopted Initial
Study/Negative Declaration; and the changes would provide greater clarity in the evaluation of
projects pursuant to the Zoning Regulations, such as tiny homes, accessory dwelling units, and
the provision of additional facilities and amenities supporting electric vehicles consistent with
State Law, the Climate Action Plan, and the General Plan.
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FISCAL IMPACT
Budgeted: N/A Budget Year: 2018-19
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A1
State
Federal
Fees
Other:
Total
When the General Plan Update was adopted in 2014 it was accompanied by a Fiscal Impact
Report prepared by Applied Development Economics, Inc. The purpose of the report was to
determine if the City’s General Plan Land Use Element w as fiscally balanced, or if the demand
for services created by new residences, for example, would outpace the ability of new revenues
to support the cost of those services. The report concluded that the City’s General Plan was
fiscally balanced and that new revenues expected from property tax, sales tax, and transient
occupancy tax, as examples, would provide sufficient resources for the City to cover the cost,
such as for public safety, parks and recreation, and general government administration. The fisca l
impact report was not updated as part of the Zoning Regulations Update because there are no
changes proposed that were not anticipated as part of the prior report. The Zoning Regulations
Update is an implementation measure of the Land Use Element update, and therefore is expected
to have a neutral fiscal impact.
ALTERNATIVE
Modify the Proposed Ordinance – The Council may make minor, non-substantive changes to the
proposed Ordinance for staff to incorporate into the final documents. Any material changes to
the Final Ordinances would require further review by staff and the Planning Commission
followed by re-introduction of the Ordinance by the Council.
Attachments:
a - Draft Ordinance
b - Zoning Regulations Addendum
1 There are no fiscal impacts associated with this action.
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ORDINANCE NO. ____ (2019 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA APPROVING FOLLOW-UP ITEMS FROM THE
COUNCIL’S APPROVAL OF THE COMPREHENSIVE UPDATE TO THE
CITY’S ZONING REGULATIONS (TITLE 17) OF THE MUNICIPAL
CODE INCLUDING TINY HOMES, ACCESSORY DWELLING UNITS
OWNER OCCUPANCY AND LOT COVERAGE REQUIREMENTS,
ELECTRIC VEHICLE PARKING, DOWNTOWN OVERLAY ZONE, AND
ADDITIONAL MISCELLANEOUS CLEAN UP ITEMS. INCLUDING
ADOPTION OF AN ADDENDUM TO A NEGATIVE DECLARATION OF
ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED FEBRUARY 5, 2019 (ZONING
REGULATIONS, GENP-0327-2017)
WHEREAS, the City Council of the City of San Luis Obispo conducted a series of
public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California on October 21, 2014, December 2, 2014, and December 9, 2014 , for the purpose of
final adoption of the Land Use and Circulation Element update project (LUCE); and
WHEREAS, the City Council of the City of San Luis Obispo in the Council Chamber
of City Hall, 990 Palm Street, San Luis Obispo, California on September 18, 2018, adopt ed an
Ordinance for the comprehensive update to the Zoning Regulations in order to implement the
LUCE; and
WHEREAS, City staff has conducted extensive public outreach in the form of news
releases, stakeholder interviews, regularly scheduled public hearings with the Planning
Commission, and two community workshops held on June 3, 2017 and May 3, 2018; and
WHEREAS, after review of the information gathered by staff during public outreach
and public hearings, staff recommends additional amendments to Tile 17 of the Municipal Code;
and
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 October 10, 2018, for the purpose of recommending the additional amendments
to Title 17 of 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
November 27, 2018, for the purpose of introducing an Ordinance for the amendments to the
Title 17 of the Municipal Code;
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 January
8, 2019, for the purpose of providing minor modifications to the Ordinance for the amendments
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to the Title 17 of the Municipal Code;
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following finding:
1. The proposed amendments to Title 17 will not cause significant health, safety, or
welfare concerns, since the amendments are consistent with the General Plan and
directly implement City goals and polices.
SECTION 2. Environmental Review. An addendum to the Initial Study / Negative
Declaration for the Zoning Regulations Update (GENP -0327-2017) was prepared for the
proposed amendments to the City Zoning Regulations, Title 17 of the City’s Municipal Code.
The addendum concluded the following:
i) None of the following circumstances included in Section 15162 of the State CEQA
Guidelines have occurred which require a subsequent environmental document:
a) The project changes do not result in new or more severe environmental impacts.
b) The circumstances under which the project is undertaken will not require major
changes to the adopted Negative Declaration.
c) The modified project does not require any new mitigation measures.
ii) The proposed Zoning Regulations Update, including proposed amendments
identified in this Addendum, would make revisions, additions, corrections and
clarifications to various sections of the Zoning Regulations to ensure consistency
and successful implementation of the Land Use and Circulation Element. The
proposed modifications to the previously-approved Zoning Regulations Update are
minor and consistent with the scope of the comprehensive Zoning Regulations
Update.
iii) The changes are consistent with State Law, the City of San Luis Obispo Climate
Action Plan, and the City of San Luis Obispo General Plan.
Based on the foregoing, the City Council does hereby adopt the Addendum to the Initial Study
/ Negative Declaration for the Zoning Regulations Update, as provided in Attachment B.
SECTION 3. Section 17.10.020.A, entitled “Allowed Uses” of the San Luis Obispo
Municipal Code is hereby amended as follows:
A. Allowed Uses. Uses within zones shall be regulated as set forth in Table 2-1: Uses
Allowed by Zone, subject to subsections B through F of this section and additional
regulations specified in the Specific Use Regulations column of Table 2-1. Land uses are
defined in Chapter 17.156 (Land Use Definitions). In Table 2-1, symbols shall have these
meanings:
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A The use is allowed as a matter of right.
MUP The use requires a Minor Use Permit approved by the Director, as
provided in Section 17.110.030 (Procedure – Minor Use Permit).
CUP The use requires a Conditional Use Permit approved by the Planning
Commission, as provided in Section 17.110.030 (Procedure – Minor
Use Permit).
A/MM/A The use is allowed above the ground floor only. Subject to Minor Use
Permit review, the use may be established on the ground floor.
SECTION 4. Section 17.10.020, Table 2-1 entitled, “Uses Allowed by Zone” of the San
Luis Obispo Municipal Code is hereby amended to include an “A” in the column for the R-1
zone and in the line item “Single-Unit Dwellings, Detached,” to read as follows:
Table 2-1: Uses Allowed By Zone
RESIDENTIAL USES
General Residential Housing Types
Single-Unit
Dwellings,
Detached
A CUP A A A A A
SECTION 5. Section 17.18.020, Table 2-6, entitled “R-2 Zone Development
Standards” of the San Luis Obispo Municipal Code is hereby amended to add the term “density”
under the Additional Regulations column, as follows:
Table 2-6: R-2 Zone Development Standards
Development Standard R-2 Zone Additional Regulations
Maximum Residential
Density
12 units/net acre
See also Section 17.70.040 (Density). Regardless of the
density calculation, at least two density units shall be
allowed on each parcel; except this shall not apply to
common interest subdivisions.
SECTION 6. Section 17.20.020, Table 2-8, entitled “R-3 Zone Development
Standards” of the San Luis Obispo Municipal Code is hereby amended to add the term “density”
under the Additional Regulations column, as follows:
Table 2-8: R-3 Zone Development Standards
Development Standard R-3 Zone Additional Regulations
Maximum Residential
Density
20 units/net acre
18 units/net acre for
properties within an Airport
Safety zone
See also Section 17.70.040 (Density).
Regardless of the density calculation, at
least three density units shall be allowed on
each parcel; except this shall not apply to
common interest subdivisions.
SECTION 7. Section 17.22.020, Table 2-10, entitled “R-4 Zone Development
Standards” of the San Luis Obispo Municipal Code is hereby amended to add the term “density”
under the Additional Regulations column, as follows:
Table 2-10: R-4 Zone Development Standards
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Development Standard R-4 Zone Additional Regulations
Maximum Residential
Density
24 units/net acre See also Section 17.70.040 (Density). Regardless of
the density calculation, at least four density units
shall be allowed on each parcel; except this shall
not apply to common interest subdivisions.
SECTION 8. Section 17.32.030.E.2.b.(2) of the San Luis Obispo Municipal Code is
hereby amended as follows:
(2) The project is designed to achieve a minimum value of 50 points on the SLO green build
multi-unit residential greenpoint checklist Green Point Rated New Home Multi-Family
Checklist.
SECTION 9. Section 17.70.120.B of the San Luis Obispo Municipal Code, entitled
“Excluded from Lot Coverage” is hereby amended to add a new subsection 5 as follows:
5. Up to 400 square feet of an accessory dwelling unit. Any additional square footage of an
accessory dwelling unit shall be included in lot coverage.
SECTION 10. Section 17.70.170.C.5a of the San Luis Obispo Municipal Code, is
hereby amended as follows:
5. Architectural Features. The following and similar architectural features may extend into a
required setback no more than 30 inches:
a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, reflectors,
water heater enclosures, and bay or other projecting windows that do not include usable
floor space, may extend no more than 30 inches into a required setback (see Figure 12:
Architectural Feature Projections into Required Setbacks).
SECTION 11. Section 17.72.030, Table 3-4 entitled “Parking Requirements by Use” of
the San Luis Obispo Municipal Code is hereby amended in the line item “Single-Unit
Dwellings, Detached,” under the Number of Off-Street Parking Spaces Required column to read
as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
RESIDENTIAL USES
General Residential Housing Types
Single-Unit Dwellings, Detached
2 parking spaces for the first four bedrooms, 0.75 space
per each additional bedroom (no requirement for
Accessory Dwelling Units), plus 1 guest parking space per
5 units in a tract development
SECTION 12. Section 17.72.030, Table 3-4 entitled “Parking Requirements by Use” of
the San Luis Obispo Municipal Code is hereby amended in the line item “Multi-Unit
Residential” under the Number of Off-Street Parking Spaces Required column to read as
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follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
RESIDENTIAL USES
General Residential Housing Types
Multi-Unit Residential
0.75 space per bedroom (no less than 1 space per dwelling
unit), plus 1 guest parking space per 5 units
Housing occupied exclusively by persons aged 62 or older
may provide 0.5 space per dwelling unit
SECTION 13. Section 17.72.030, Table 3-4 entitled “Parking Requirements by Use” of
the San Luis Obispo Municipal Code is hereby amended in the line item “Medical and Dental
Offices” under the Number of Off-Street Parking Spaces Required column to read as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
Offices
Business and Professional Offices 1 space per 300 sf
Medical and Dental Offices 1 space per 3200 sf
SECTION 14. Section 17.72.030 of the San Luis Obispo Municipal Code, entitled
“Required Parking Spaces” is hereby amended to add a new subsection B to read as follows:
B. Elderly housing parking. Housing occupied exclusively by persons aged 62 or older may provide
one-half space per dwelling unit or one space per four occupants of a group quarters.
Current subsections B and C of Section 17.72.030 are hereby reformatted as C and D,
respectively.
SECTION 15. Section 17.72.040 of the San Luis Obispo Municipal Code, entitled
“Parking for Electric Vehicles” is hereby amended as follows:
A. Parking spaces for electric vehicles shall be provided for all uses as indicated in Table 3-5:
Electric Vehicle (EV) Parking or in accordance with the requirements of the California Green
Building Standards Code and any local amendments thereto, whichever yields the greater number
of spaces. All such spaces shall count toward the minimum required parking spaces before
applying any parking reductions. These requirements do not apply in the Downtown zone or within
an in-lieu fee district.
Table 3-5: Electric Vehicle (EV) Parking
Land Use Number of Total Required Spaces
52-10 11-15 16-250 More than 250
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Multi-unit Residential
with 5 4 or More Units
1 EV ready
space minimum,
plus 25% EV
capable
2 EV ready
spaces minimum,
plus 50% EV
capable
32 EV ready
spaces minimum,
plus 50% EV
capable
10% EV ready
spaces, plus 50%
EV capable
Nonresidential –
Commercial, Office,
Industrial, and Mixed
Use
1 EV ready
space minimum,
plus 25% EV
capable
2 EV ready
spaces minimum,
plus 50% EV
capable
3 EV ready
spaces minimum,
plus 50% EV
capable
10% of parking
EV ready spaces,
plus 25% EV
capable
Industrial 0 EV space
minimum
1 EV space
minimum
2 EV ready
spaces minimum
8% of parking
spaces
B. All electric vehicle spacesEV ready spaces, as defined in this Title, shall be equipped with full
electric vehicle charging equipment, as defined in this Title, including an electric vehicle charging
station, the use of which the property owner or operator may require payment, at his/her discretion.
All EV capable spaces, as defined in this Title, shall be served by an empty raceway to supply power
for future EV charging stations at any given time.
C. Any charging or similar equipment shall not be placed within the required parking space
dimensions and shall not obstruct any pedestrian path of travel.
D. Electric EV ready and EV capable spaces and the associated electric vehicle charging equipment
shall be provided for all new developments and whenever a substantial addition to and existing
development is proposed, as defined by Section 17.106.020B (Enlargements and Modifications).
E. Where an existing legal, nonconforming parking condition exists, the EV spaces requirement shall
be based on the existing number of parking spaces, not the required number of parking spaces.
SECTION 16. Section 17.72.070.B, Note 2 of Table 3-6 entitled “Required Bicycle
Parking” of the San Luis Obispo Municipal Code is hereby amended to read as follows:
Table 3-6: Required Bicycle Parking
Land Use
Example
Standard
(Number of Bicycle
Parking Spaces)
Short
Term
Long
Term
Notes:
1. sf = square feet of gross floor area
2. Minimum requirements. All nonresidential uses shall provide a minimum of two bicycle parking spaces per site. In the
case of multi-tenant nonresidential buildings, minimum required bicycle parking shall be two spaces per tenant unit.
Alternative compliance may supersede this requirement.
3. Mixed-use and Mix of Uses. When there are two or more separate primary uses on a site, the required bicycle parking
for the site is the sum of the required parking for the individual primary uses.
4. Short-term and long-term percentages listed in this table are intended as guidelines subject to a final determination by
the Director.
SECTION 17. Section 17.86.020.B.5 of the San Luis Obispo Municipal Code, entitled
“Accessory Dwelling Units and Guest Quarters” is hereby amended to read as follows:
5. Owner-Occupancy. The owner of the property shall occupy either the primary residence or the
accessory dwelling unit. The Director may waive this requirement in one-year increments, not to
exceed a total of five consecutive years, based on a showing of a hardship. A hardship shall
include, but not be limited to, inheritance of property with an accessory dwelling unit. Owner-
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Occupancy is not required in the R-3 or R-4 zones.
SECTION 18. Section 17.86.100.B.2 of the San Luis Obispo Municipal Code, entitled
“Permits Required” is hereby amended as follows:
2. Adult day care facilities serving seven to 12 clients onsite at one time and large family day care
homes for children may be established in any zone where dwellings are allowed, subject to
performance standards listed below. These facilities require written approval by the Director as
a ministerial Director’s Action. In accordance with applicable sections of the California Health
and Safety Code, the Director shall approve the use when he or she determines that the proposed
facility:
SECTION 19. Section 17.86.210, entitled “Recreational Vehicles - Use as Dwelling -
Parked on a Private Lot ” of the San Luis Obispo Municipal Code is hereby amended to add a
new subsection E as follows:
E. Recreational Vehicles as Tiny Houses in Residential Zones. Moveable tiny houses shall be
considered an additional type of accessory dwelling unit, allowed as an accessory use to single-unit
residential dwelling unit, consistent with Government Code, Section 65852.2, subdivision (g) which
allows cities to adopt less restrictive requirements than the State-mandated minimums for accessory
dwelling units. A moveable tiny house that meets the definition in this subsection may be built and
occupied as a new detached accessory dwelling unit, subject to the Director’s review and approval
of a Director’s Action application if it complies with the standards of this subsection.
1. Development Standards. Moveable tiny houses shall conform with the requirements for new
detached accessory dwelling units, including but not limited to setbacks, height, and other
applicable zoning requirements of the zone in which the site of the proposed moveable tiny house
is located, except as modified by this subsection.
a. Number. No parcel may be approved for more than one moveable tiny house in a 12-month
period. No parcel may contain more than one moveable tiny house at a time. No parcel may
contain both a moveable tiny house and a conventional accessory dwelling unit.
b. Renewal. The Director shall renew the approval of a movable tiny home for a period of
three to five years upon receipt of a complete application and completion of an inspection
by the City to confirm continued compliance with the standards in this section.
c. Maintenance. The site shall be maintained as set forth in Chapter 17.76 (Property
Maintenance Standards).
d. Location. The moveable tiny house shall be located toward the rear of the property.
e. Size. The maximum square footage or habitable floor space for a moveable tiny house shall
be 300 square feet, as measured by exterior wall dimensions (lofts shall not be counted
toward the maximum square footage). The moveable tiny house shall have at least 100
square feet of first floor interior living space.
f. Replacement Parking. Where a moveable tiny house occupies a required parking space, a
replacement parking space is required. A replacement parking space may be located in any
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configuration on the same lot as the moveable tiny house, including but not limited to
covered spaces, uncovered spaces, or tandem spaces. Parking shall be permitted only in
those locations specified in these Zoning Regulations.
g. Design. The design of a tiny house shall resemble the general appearance, siding, and
roofing of a traditional home.
h. Energy Efficiency. Applications submitted for tiny houses shall demonstrate that the tiny
home has been constructed to exceed ANSI energy standards through one of the following
methods:
i. Include insulation with values of R13 for the walls and R19 for the floor and ceiling; or
ii. Ensure that the stud/joist/rafter space in the walls, floors and ceiling are completely
filled with insulation.
2. Parking Spaces. Moveable tiny houses shall not require additional parking.
3. Mechanical Equipment. All mechanical equipment for a moveable tiny house shall be
incorporated into the structure and shall not be located on the roof.
4. Utility Connections and Requirements. Moveable tiny houses shall not require separate utility
meters from the primary unit. Moveable tiny houses may be off-grid and not connected to one
or more utility systems, but only if the applicant provides sufficient proof, to the satisfaction of
the Director and the Building Official, that the moveable tiny house has adequate, safe, and
sanitary utility systems providing water, sewer, heating, cooling, and electric power.
5. Addresses. Moveable tiny houses shall not have separate street addresses from the primary unit.
6. Foundation Requirements. Once sited on the parcel of the primary unit, moveable tiny houses
shall meet the following foundation requirements:
a. The moveable tiny house shall not have its wheels removed, and all wheels and
leveling/support jacks shall sit on a concrete, paved, or compacted gravel surface sufficient
to support its weight.
7. Emergency and Rescue Openings. Moveable tiny houses shall meet the requirements of Section
R310 of the California Building Code for emergency escape and rescue openings. Egress roof
access windows in lofts used as sleeping rooms shall be deemed to meet this requirement if
installed such that the bottom of the opening is not more than 44 inches above the loft floor,
provided the egress roof access window complies with the minimum opening area requirements
of California Building Code Section R310.2.1.
8. Procedure Requirements. A Director’s Action application shall be required to establish a
moveable tiny house including the application materials and information required by Section
17.86.020 (Accessory Dwelling Units and Guest Quarters) for an accessory dwelling unit, an
applicant for a moveable tiny house shall submit proof that:
a. The proposed moveable tiny house is licensed and registered with the California
Department of Motor Vehicles;
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b. The proposed moveable tiny house has been certified by a qualified third-party inspector as
meeting ANSI, 119.2 or 119.5 requirements or comparable standards, or was built to meet
ANSI 119.2 or 119.5 requirements as demonstrated by sufficient evidence satisfactory to the
Director; at a minimum this inspection shall verify that the unit is in good working order
for living, sleeping, eating, cooking, and sanitation, including the absence of any exterior
shell water leaks;
c. The applicant is the property owner, or has sufficient written permission from the property
owner, of the intended location of the proposed moveable tiny house;
d. Prior to the issuance of building permits, a covenant agreement shall be recorded which
discloses the structure’s approved floor plan and status as a movable tiny home and
agreeing that the property will be owner-occupied. This agreement shall be recorded in the
office of the County Recorder to provide constructive notice to all future owners of the
property. The covenant agreement also may contain authorization for annual inspections
for compliance with the agreement and to verify continued compliance with requirements of
this Section and health and safety codes. If a property can no longer be occupied as the
owner’s primary place of residence, the movable tiny home shall no longer be used as
overnight sleeping quarters.
SECTION 20. Section 17.92.020.F of the San Luis Obispo Municipal Code, entitled
“Limits on Reconstruction – Exceptions” is hereby amended as follows:
F. Exceptions to this Chapter may be granted by the Director, through a Director’s Action, to allow
additions to nonconforming structures occupied by conforming uses, subject to a finding of
consistency with the intent of this Chapter as follows:
1. Conforming additions to residential structures may be approved by the Directorwithout public
hearing.
2. The Director, through a Director’s Action, may allow certain setbacks to be reduced to zero in
some instances for minor additions to existing legal nonconforming structures (see Section
17.16.020(E)(2)(d)).
SECTION 21. Section 17.138.130 of the San Luis Obispo Municipal Code, entitled
“Eligibility Screening” is hereby amended as follows:
The Housing Authority or other housing provider designated by the City shall screen prospective renters
or buyers of affordable units. Renters or buyers of affordable units shall enter into an agreement with
the City. Occupants must be selected by means of an open, public process which ensures that individuals
of a group of interested participants have equal probability of selection. Private selection of individuals
by project owners is not permitted except for any affordable units.
SECTION 22. Section 17.140.040.K of the San Luis Obispo Municipal Code, entitled
“Parking Requirements” is hereby amended to add a new subsection 2 as follows:
2. Housing developments occupied exclusively by extremely low, very low, or low-income
households, as defined by the State, may provide one car and one bicycle space per dwelling unit.
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Existing subsections 2, 3 and 4 are hereby renumbered as 3, 4 and 4, respectfully.
SECTION 23. Section 17.140.070 of the San Luis Obispo Municipal Code, entitled
“Alternative or Additional Incentives” is hereby amended to add a new subsection D, amend
and reformat current subsection D and E as E and F, respectively, as follows:
D. Proposals to construct a housing development that includes affordable units and includes a child
care facility that will be located on the premises of, as part of, or adjacent to the housing
development, it shall comply with Government Code Section 65915 (h)(1).
DE. Nothing in this Section shall be construed to require the Council Planning Commission to
approve any alternative incentive or concession. The Council Planning Commission shall
approve the requisite number of incentives or concessions afforded by this Section. However, the
details surrounding the incentives or concessions shall be at the discretion of the Council
Planning Commission.
EF. The Council Planning Commission action on any alternative incentive proposal shall be by
resolution. Any such resolution shall include findings relating to the information required in
subsection B or C of this Section.
SECTION 24. Section 17.158.014 of the San Luis Obispo Municipal Code, entitled “E
definitions” is hereby amended to add the following definitions:
EV Capable Space. A parking space constructed with empty raceway (i.e., pathway for future electrical
wiring, usually in enclosed walls or pavement) to supply power for future EV charging stations at any
given time.
EV Ready Space. A parking space constructed with full electrical circuits (e.g., junction box, conduit,
receptacle, overprotecting devices, wiring, etc.) that are ready for connection with an operational EV
charging station at any given time.
SECTION 25. Section 17.158.044 of the San Luis Obispo Municipal Code, entitled “T
definitions” under definition “Tiny House – Moveable” is hereby amended as follows:
Tiny House - Moveable. A residential dwelling unit that is accessory to a principal residential dwelling
unit located on the same parcel of land, which provides complete independent living quarters for one
household, and meets the following conditions:
1. Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection and is designed not
to and cannot move under its own power;
2. Is no larger than allowed by California State law for movement on public highways;
3. Is a detached self-contained residential dwelling unit which includes permanent facilities and
functional areas for living, sleeping, eating, cooking, and sanitation.
SECTION 26. 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
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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 27. Implementation. A summary of this ordinance, together with the names of
Council members voting for and against, shall be published at least five (5) days prior to its final
passage, in the Tribune, a newspaper published and circulated in this City. This ordinance shall go
into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ___ day of ___, 2018, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ___ day of ___, 201 9, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Teresa Purrington
City Clerk
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JAN 18 2019
SLO CITY CLERK �
1010 Marsh St., San Luis Obispo, CA 9341
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a
resident of the county aforesaid; I am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Times, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit:
2L4
in the year 2019.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this
day -Z- of _'5NlNW vV' 2019.
Patricia Iforton, New Times Legals
Proof of Publicatii
ORDINANCE NO.1657 (2019 SERIES)
AN ORDINANCE OFTHE CITY COUNCIL
OFTHE CITY OF SAN LUIS OBISPO,
CALIFORNIA APPROVING FOLLOW-UP
ITEMS FROM THE COUNCIL'S APPROVAL
OFTHE COMPREHENSIVE UPDATETOTHE
CITY'S ZONING REGULATIONS ;TITLE 17)
OF THE MUNICIPAL CODE INCLUDING TINY
HOMES, ACCESSORY DWELLING UNITS
OWNER OCCUPANCY AND LOT COVERAGE
REQUIREMENTS, ELECTRIC VEHICLE
PARKING, DOWNTOWN OVERLAY ZONE,
AND ADDITIONAL MISCELLANEOUS CLEAN
UP ITEMS, INCLUDING ADOPTION OF AN
ADDENDUMTOA NEGATIVE DECLARATION
OF ENVIRONMENTAL REVIEW, AS
REPRESENTED IN THE STAFF REPORT AND .
ATTACHMENTS DATED FEBRUARY 5, 2019
(ZONING REGULATIONS, GENP-0327.2017)
On November 27, 2018, the Council of the City of
San Luis Obispo voted 570 as follows to introduce
Ordinance No. 1657 (2019 Series): -
AYES: Council Members Aaron Gomez, Andy
-Pease, Dan Rivoire, Vice Mayor Carlyn
Christianson, and Mayor Heidi Harmon
NOES: None
ABSENT: None
On January 8, 2019, the City Council voted 5-0 to
provide minor modifications to the ordinance to
address energy efficiency for Tiny Homes on Wheels
for Ordinance No. 1657 (2019 Series):
AYES Council Members Aaron Gomez, Carlyn
Christianson, Erica Stewart, Vice Mayor
Andy Pease, and Mayor Heidi Harmon
NOES: None
ABSENT: None
Ordinance No. 1657 (2019 Series) is a City enacted
Ordinance amending Title 17 of the Municipal Code
(Zoning Regulations) to irnplement the Land Use and
Circulation Element (LUCE), update and modernize
the Zoning Regulations to include best practices
and address minor miscellaneous clean up items.
The Zoning Regulations are the key tool used to
implement land use policy, as well as circulation
policies related to parking managemont, transit,
bicycling, and pedestrian accommodation. Following
adoption of lite LUCE, Planning staff in consultation
with residents, architects, contractors, developers,
advisory bodies and the Council identified the land
use policies most effectively implemented via
changes to the Zoning Regulations.
The Council must vote again to approve this
ordinance before it can take effect. That action
s tentatively scheduled for February 5, 2019, at a
Regular City Council meeting to begin at 6:00 p.m.
n the Council Chamber of City Hall, 990 Palm Street.
:opies of the complete ordinance are available in the
'ity Clerk's Office in City Hall and online at www.
3locity.org. For more information, contact Kyle Bell
it 781-7524.
Teresa Purrington
,ity Clerk
Admin& Ni sonnlhNTMGAdmin/N l'M11O Oflici BUSINESS/Public NOilCceiPn ror Pub I January 24, 2019