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San Luis Obispo City Zoning Code

ARTICLE 1

Enactment, Applicability, and Enforcement

17.02 Purpose and Applicability of the Zoning Regulations

If any portion of the zoning regulations is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, constitutionality, or enforceability of the remaining portions of this title. The council hereby declares that this chapter and each division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this chapter may be declared invalid, unconstitutional, or unenforceable.

17.02.010 Title.

The provisions of this title shall be known and cited as the “city of San Luis Obispo zoning regulations” or “zoning regulations.” (Ord. 1650 § 3 (Exh. B), 2018)

17.02.020 Purpose and authority.

A. Purpose. The zoning regulations are intended to guide the development of the city in an orderly manner, implement the policies of the general plan, protect and enhance the quality of the natural and built environment, promote the public health, safety and general welfare by regulating the use of land and buildings and the location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources.

B. Authority. The zoning regulations are enacted based on the authority vested in the city of San Luis Obispo and its charter, and the state of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65800 et seq.), and the California Health and Safety Code.

C. The zoning regulations shall apply, to the extent permitted by law, to all property within the limits of the city of San Luis Obispo and to property for which applications for annexation and/or subdivisions have been submitted to the city of San Luis Obispo, including all uses, structures and land owned by any private person, firm, corporation or organization, the city of San Luis Obispo, or other local, state or federal agencies. Any governmental agency shall be exempt from the provisions of the zoning regulations only as required by otherwise applicable state and federal law. The city of San Luis Obispo shall be exempt from the requirements of the zoning regulations for public safety features associated with public projects necessary to protect the public health, safety and welfare. “Public safety features” are defined as structures, architectural elements, devices, barriers, technology, communications, operational resiliency, fencing and/or walls, or other features of a public project that protect the public health, safety and welfare of the community. (Ord. 1750 § 3 (Exh. A), 2025; Ord. 1650 § 3 (Exh. B), 2018)

17.02.030 General requirements.

Land or buildings may be used and structures may be erected or altered only in accordance with the regulations in this title. (Ord. 1650 § 3 (Exh. B), 2018)

17.02.040 Relationship to prior ordinances and other codes.

The provisions of the zoning regulations, as they existed prior to the effective date of the ordinance codified in this title, are repealed and superseded as provided in the ordinance enacting this title. No provision of the zoning regulations shall validate or legalize any land use or structure established, constructed, or maintained in violation of the zoning regulations as it existed prior to repeal by the ordinance enacting these zoning regulations, except as addressed by nonconformities created by the zoning regulations. (Ord. 1650 § 3 (Exh. B), 2018)

17.02.050 General relationship to other regulations.

The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the city, the state of California, or any federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this title and any other city ordinance, title, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified. (Ord. 1650 § 3 (Exh. B), 2018)

17.02.060 Relationship to California Environmental Quality Act.

When a project application pursuant to the provisions of the zoning regulations is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of the zoning regulations, CEQA (Public Resources Code, Section 21000 et seq.), the CEQA Guidelines (Title 14, California Code of Regulations, Section 15000 et seq.), and any environmental guidelines and other applicable rules adopted by the city. (Ord. 1650 § 3 (Exh. B), 2018)

17.02.070 Relationship to design guidelines.

Any design guidelines adopted by the city shall be considered complementary to the development and design standards set forth in the zoning regulations. In the event of any conflict between adopted design guidelines and the provisions of the zoning regulations, the provisions of the zoning regulations shall govern. (Ord. 1650 § 3 (Exh. B), 2018)

17.02.080 Relationship to specific plans.

Specific plans are designed to meet the requirements of the State Government Code and the city of San Luis Obispo general plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. If such provisions conflict with the zoning regulations, the requirements of the adopted specific plan shall take precedence over the zoning regulations. In instances where the specific plan is silent, the zoning regulations shall prevail. (Ord. 1650 § 3 (Exh. B), 2018)

17.02.090 Prior rights and violations.

The enactment of the zoning regulations shall not terminate nor otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance or resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of the zoning regulations. (Ord. 1650 § 3 (Exh. B), 2018)

17.02.100 Severability, partial invalidation of the zoning regulations.

If any portion of the zoning regulations is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, constitutionality, or enforceability of the remaining portions of this title. The council hereby declares that this chapter and each division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this chapter may be declared invalid, unconstitutional, or unenforceable. (Ord. 1650 § 3 (Exh. B), 2018)

17.04.010 Rules of interpretation.

A. Ambiguity. The director is assigned the responsibility and authority to interpret these regulations, subject to the appeal procedures of Chapter 17.126 (Appeals).

B. Conflict with Public Provisions. These regulations are not intended to interfere with or annul any other law or regulation. Where these regulations impose a restriction different from any other law or regulation, the more restrictive shall apply.

C. Conflict with Private Provisions. These regulations are not intended to interfere with or annul any easement, covenant, or other agreement between private parties. Where these regulations impose a restriction different from a private agreement, the provisions which are more restrictive or which impose higher standards shall control.

D. Internal Conflicts. Where provisions indicated in this article conflict with provisions of other applicable laws, including these zoning regulations and other adopted ordinances, the more restrictive provision shall prevail.

E. Terminology. When used in this chapter, the following rules apply to all provisions of the zoning regulations:

1. Language. When used in the zoning regulations, the words “shall,” “must,” “will,” “is to,” and “are to” are mandatory. Regulations containing the word “should” are to be followed unless not doing so will result in better implementation of other zoning regulations or general plan policies; with the overall objective of ensuring that the intent and spirit of the general plan and zoning regulations are followed. “May” is permissive.

2. Tense. The present tense includes the past and future tense, and the future tense includes the present.

3. Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

4. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either … or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to.”

5. Local Reference. “City” as used in the zoning regulations means the city of San Luis Obispo, and all public officials, bodies, and agencies referenced are those of the city unless otherwise stated.

6. Definitions. All words and terms shall be as defined in the zoning regulations, municipal code, and/or as determined/interpreted by the director.

7. State Law Requirements. References to applicable provisions of state law (e.g., the California Government Code, Public Resources Code) shall be construed to refer to the applicable state law provisions, as they may be amended from time to time.

F. Number of Days. Whenever the number of days is specified in the zoning regulations, or in any permit, condition of approval, or notice issued or given as provided in the zoning regulations, the number of days shall be construed as calendar days, unless otherwise specified. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.

G. Fractions. Except as otherwise provided, the fractional/decimal results of calculations of one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions of less than one-half (0.5) shall be rounded down to the nearest whole number.

H. Minimum Requirements. When interpreting and applying the zoning regulations, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise. (Ord. 1650 § 3 (Exh. B), 2018)

17.04.020 Procedures for interpretation.

A. Authority of Director to Interpret. Whenever, in the opinion of the director, or at the discretion of the planning commission, there is any question regarding the interpretation of the general plan, a specific plan, or the provisions of the zoning regulations or its application to any specific case or situation that warrants formal interpretation, the director shall interpret the relevant provision of the general plan, specific plan, or zoning regulations by written decision or refer the question to the planning commission for determination.

B. Appeals. Any interpretation of the zoning regulations by the director or planning commission may be appealed in compliance with Chapter 17.126 (Appeals). (Ord. 1650 § 3 (Exh. B), 2018)

17.04.030 Uses not classified.

A. Use Not Listed Is Not Allowed. If a use of land is not specifically listed in Chapter 17.10 (Use Regulations), the use shall not be allowed, except as provided below.

B. Director’s Determination. Based on the authority granted in Section 17.04.020 (Procedures for Interpretation), the director may determine that a land use that is not listed in Chapter 17.10 (Use Regulations) may be allowed. In making this determination, the director shall first make all of the following findings:

1. The characteristics of, and activities associated with, the use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed in the zone;

2. The use will meet the purpose/intent of the zone that is applied to the location of the use; and

3. The use will be consistent with the goals, objectives, and policies of the general plan and/or any applicable specific plan or planned development.

C. Applicable Standards and Permit Requirements. When the director determines that an unlisted land use is equivalent to a listed use, the unlisted use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of the zoning regulations apply.

D. Uses Not Permitted in the City. Notwithstanding the above, prohibited uses listed in Section 17.10.020(F) (Prohibited Uses), any use not expressly allowed by these zoning regulations, and any other uses determined by the director to have equivalent characteristics and activities to these prohibited uses, shall not be treated as permitted or conditionally permitted uses in any zone of the city. (Ord. 1650 § 3 (Exh. B), 2018)

17.04.040 Text takes precedence over graphics.

In case of a conflict between the zoning regulations text and any diagram, illustration, graphic, or image contained in the zoning regulations, the text shall take precedence. (Ord. 1650 § 3 (Exh. B), 2018)

17.06.010 Purpose.

The purpose of this chapter is to establish the zones applied to property within the city and to adopt the city’s zoning map. (Ord. 1650 § 3 (Exh. B), 2018)

17.06.020 Designation of zones.

A. General. The city is divided into zones to allow for orderly, planned development and to implement the general plan.

B. Base Zone. Every parcel shall have a base zone that establishes the primary type and intensity of land use permitted, along with development regulations for that particular type and intensity of land use.

C. Overlay Zone. An overlay zone supplements the base zone for the purpose of establishing special use or development regulations for a particular area in addition to the provisions of the underlying base zone. In the event of conflict between the base zone regulations and the overlay zone regulations, the provisions of the overlay zone shall apply.

D. Zones Established. All zones shall be listed and appropriately designated on the official zoning map. For purposes of the regulations set out in this title, the following zones are created:

Table 1-1: Zones Established

Residential Zones

R-1

Low-Density Residential

R-2

Medium-Density Residential

R-3

Medium-High Density Residential

R-4

High-Density Residential

Nonresidential Zones

AG

Agricultural

C/OS

Conservation/Open Space

O

Office

PF

Public Facility

C-N

Neighborhood Commercial

C-C

Community Commercial

C-D

Downtown Commercial

C-R

Retail Commercial

C-T

Tourist Commercial

C-S

Service Commercial

M

Industrial

BP

Business Park

Overlay Zones

D

Downtown Overlay

SP

Specific Plan

H

Historic Overlay

MU

Mixed-Use Overlay

S

Special Considerations Overlay

S-F

Special Focus Overlay

PD

Planned Development Overlay

CBZ

Cannabis Business Overlay Zone

(Ord. 1705 § 5, 2021; Ord. 1653 § 3, 2018; Ord. 1650 § 3 (Exh. B), 2018)

17.06.030 Official zoning map.

All areas within the city shall be designated within a zone. The boundaries, designations, map symbols and locations of the zones established by the zoning regulations shall be shown upon the map(s) entitled “City of San Luis Obispo Zoning Map” and referred to in the zoning regulations as the zoning map. The official zoning map, which shall depict all duly adopted zones, is as much a part of these regulations as if it were fully contained in this document. The official zoning map shall be maintained by and in the community development department, and for convenience in more easily identifying zone boundaries may be divided into parts. (Ord. 1650 § 3 (Exh. B), 2018)

17.06.040 Uncertainty of boundaries.

A. General. Boundaries between zones generally follow lot lines or their extensions, physical features, or contour lines, as noted on the official zoning map. Boundaries adjoining streets shall be assumed to follow the centerlines of streets if such location becomes an issue in the use of private property, as when a street is abandoned. Zones which meet a street centerline shall not be considered “adjacent.”

B. Split Zoning. A split-zoned parcel is a parcel to which two or more base zones apply (which does not include overlay zones). All applicable zoning regulations for each particular zone shall be applied separately for each portion of a parcel that is split-zoned. This includes the front, rear and side setback regulations, regardless of the standard setback definition provided in Chapter 17.158 (General Definitions), as well as any applicable lot coverage regulations.

C. Determination. The location of boundaries which are not readily determined by inspection of the official zoning map shall be determined by the director. (Ord. 1650 § 3 (Exh. B), 2018)

17.06.050 Classification of annexed lands and unclassified property.

Any area annexed to the city shall be prezoned consistent with the general plan or zoned C/OS until rezoned after annexation. (Ord. 1650 § 3 (Exh. B), 2018)